Pushback, retaliation, and denials
Most FMLA violations are not dramatic. They are small erosions: a denied accommodation, a rewritten job description, a sudden performance warning. Know the patterns.
Common retaliation patterns
Performance reviews that change tone after leave. Informal discipline where there was none before. Reassignment to worse shifts or locations. Exclusion from meetings, projects, or training. A surprise PIP (performance improvement plan) within weeks of return. Any of these in close time proximity to leave can support a retaliation claim.
Fit-for-duty exams: narrow scope only
An employer can require a fit-for-duty certification when you return, but only addressing the specific health condition that caused the leave, and only if they gave you written notice of the requirement when they designated your leave. They cannot demand a general psychiatric evaluation or hand you a list of invasive questions.
Denials: you have options
If your request is denied, ask for the denial in writing with the specific reason. Then you have three paths, sometimes in parallel: file a complaint with the U.S. Department of Labor Wage and Hour Division (no lawyer needed, free), file a charge with the EEOC if the denial relates to a disability, and consult with an employee-side attorney.
Do these before moving on
- 1
Document everything in writing
Emails to yourself timestamping what was said in any verbal conversation.
- 2
File a DOL complaint (free)
You do not need an attorney for this. Wage and Hour Division investigates FMLA interference.
- 3
Contact A Better Balance helpline (free)
1-833-633-3222. Employment lawyers who specialize in leave laws.
Ready-to-use letter templates
For survivors of childhood trauma
Do not go it alone
Retaliation cases are winnable, but they are also where employers spend the most on defense. You do not need to make perfect legal arguments yourself. A free 30-minute call with A Better Balance will tell you within five minutes whether what is happening to you is actionable.
Finding an employment attorney